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Insurance
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April 23, 2025
9th Circ. Asked To Modify Ruling In LA Port Co. Coverage Row
A Los Angeles port operator's insurer asked a three-judge panel in the Ninth Circuit to rethink part of its decision ordering a jury trial on the amount of defense costs the operator incurred while litigating pollution claims brought by the city, arguing they improperly relied on a depublished decision.
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April 23, 2025
Allstate Denied Appeal In Fla. Suit Involving 'Phantom' Vehicle
A Florida state appellate court Wednesday denied Allstate insurance company's appeal in a collision lawsuit involving a "phantom" car, saying witnesses' general denial of ever seeing the vehicle isn't enough to overcome the inference that it didn't exist.
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April 23, 2025
Insurer Says No Coverage For $7.8M Tornado Damage Suit
The insurer for a construction inspection company claimed it owed no coverage for a suit alleging the company overlooked deficiencies that contributed to a $7.8 million tornado loss, telling a New Jersey federal court the policyholder had no coverage for professional services gone wrong.
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April 23, 2025
No Coverage For Shopping Mall In Shooting Suit, Insurer Says
Scottsdale Insurance Co. has told a Florida federal court that the owner of part of a shopping plaza isn't owed coverage for a $1 million personal injury lawsuit brought by a man who was shot in the parking lot of the shopping center, arguing that the incident didn't occur on the covered premises.
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April 22, 2025
Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty
Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.
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April 22, 2025
Insurer Says No Coverage For $668K Housing Funds Dispute
An insurer says it owes no coverage to a low-income housing nonprofit in an underlying dispute involving a Washington county that seeks to claw back nearly $668,000 that was allegedly paid out to ineligible recipients.
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April 22, 2025
Hartford, Policyholders Agree To End Damage Payment Row
Two Hartford units and their policyholders reached a settlement in a proposed class action claiming the insurers underpaid property losses by improperly withholding labor costs as depreciation when calculating the actual cash value of claims, the parties told a Connecticut federal court.
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April 22, 2025
Insurer Skirts Bad Faith Claim In $60M Liposuction Death Row
The professional liability insurer for a Georgia cosmetic surgery provider didn't act in bad faith in handling a liposuction patient death claim that eventually led to a $60 million judgment, a Utah federal court ruled, rejecting arguments that the insurer breached its duties.
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April 22, 2025
NJ AG Pushes To Revive RICO Case Against Power Broker
New Jersey urged a state appellate court to revive its sprawling racketeering indictment against Garden State power broker George E. Norcross III, politically connected attorneys and others, arguing that the trial court undertook a review that doesn't exist in criminal practice.
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April 22, 2025
Insurer Urges 11th Circ. To Nix Law Firm Malpractice Coverage
An insurance company has urged the Eleventh Circuit to revive its lawsuit seeking a ruling that it does not have to defend Georgia law firm Fellows LaBriola LLC in a malpractice case because of a misappropriation exclusion included in the firm's policy.
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April 22, 2025
Insurer Gets $16M Coverage Suit Stayed For NY Court Appeal
A New York federal court paused an insurer's dispute over coverage for a $16 million default judgment entered against its insureds in a wrongful death suit due to an ongoing appeal concerning the vacatur of that judgment.
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April 21, 2025
Calif. Judges Who Lost Homes Sue LA Over Palisades Fire
A California federal judge and a retired federal magistrate judge whose homes were destroyed in the Pacific Palisades wildfire have sued the city of Los Angeles over the deadly inferno, saying two water reservoirs drained by the city's water department for repairs prior to the blaze substantially caused their losses.
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April 21, 2025
Toyota Accused Of Illegally Selling Driver Data To Progressive
Toyota has for years been using tracking devices to collect drivers' driving habits and other personal information and selling the driver data to third parties like auto insurer Progressive without consent, a putative class action filed Monday in Texas federal court alleges.
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April 21, 2025
Colo. Justices Say Insurer Can't Escape 'Economic Loss' Rule
Colorado Supreme Court justices on Monday said an insurer can't escape an economic loss rule that precludes parties from bringing tort claims over a breach of duty arising from a contract, holding that the rule has no exception for willful and wanton conduct and tossing the insurer's negligence claim over a restaurant fire.
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April 21, 2025
Exclusion Bars Coverage For Trade Secrets Suit, Insurer Says
An engineering firm's directors and officers insurer told a Nebraska federal court Monday it should owe no coverage for a settled lawsuit that accused the firm of conspiring to poach a rail contractor's employees and clients, citing an exclusion relating to the misappropriation of trade secrets.
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April 21, 2025
Real Estate Co.'s $1.9M Title Insurance Suit Gets Tossed
A real estate company could not show that its suit seeking $1.9 million in coverage for a title defect that limited access to its San Diego industrial property belonged in federal court, a California judge found Monday, tossing the case.
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April 21, 2025
Justices Nix Appraiser's Petition Seeking Arbitral Immunity
An insurance appraiser failed Monday to get the U.S. Supreme Court to define what "arbitration" actually means under the Federal Arbitration Act, seeking immunity after a Colorado state jury found he fraudulently inflated a $1.6 million appraisal award against a Travelers unit that was ultimately vacated.
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April 21, 2025
Taiwan Installs Tariff Relief Measures For Exporters
Certain Taiwanese businesses that export goods to the U.S. will have access to lower loan interest rates and waived exporter insurance fees if they can show they are heavily impacted by U.S. tariffs, Taiwan's Ministry of Finance said Monday.
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April 21, 2025
Calif. Homeowners Say Insurers Colluded To Limit Coverage
California property owners affected by the Los Angeles wildfires accused over 300 insurers of conspiring to eliminate competition in the marketplace, forcing consumers to instead obtain fire insurance from the state's insurer of last resort, according to two lawsuits filed in state court.
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April 21, 2025
Insurers Clash Over Coverage In Racetrack Injury Suit
Acuity Insurance LLC wants a Pennsylvania federal court to join two other insurers to its defense of a client accused of designing inadequate safety barriers at a Lancaster County raceway, claiming the other companies had wrongly declined coverage for subsidiaries of the insured.
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April 18, 2025
SEC Wins $1M Real Estate Fraud Suit Over NC Development
The U.S. Securities and Exchange Commission scored a win in its fraud suit in North Carolina federal court against an insurance agent and his company, with a judge finding the agency has shown the defendants defrauded seven investors out of over $1 million.
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April 18, 2025
Murdaugh's Banker Pleads Guilty To Fraud Ahead Of Retrial
A former bank CEO accused of helping ex-lawyer and convicted murderer Alex Murdaugh steal client money pled guilty Friday to fraud ahead of a retrial, months after his initial conviction was overturned based on jury irregularities.
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April 18, 2025
11th Circ. Revives Fla. Lodge's Bad Faith Claim Over Shooting
The Eleventh Circuit on Friday reversed a $3.3 million judgment against a Florida lodge over a shooting that resulted in a woman's death, finding in a split ruling a jury should decide the bad faith issue of whether its insurer should've offered to settle based on the premises' liability.
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April 18, 2025
Insurance Exec Pleads Guilty In $134M ACA Plan Scheme
A Florida insurance executive pled guilty Friday for his part in a $134 million scheme to submit fraudulent applications to enroll customers in fully subsidized Affordable Care Act health insurance plans.
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April 18, 2025
No Coverage For $1M Mechanical Bull Injury Suit, Insurer Says
An insurer said it has no duty to defend or indemnify a party equipment rental company in an underlying suit over injuries a child suffered while riding a mechanical bull at an event, telling a Texas federal court Friday that a mechanical bull exclusion in the company's policy bars coverage.
Expert Analysis
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The Benefits Of Aligning States On Legal Paraprofessionals
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Opinion
Asbestos Trusts' Records Purge Threatens Claims Process
Recent announcements by 11 asbestos bankruptcy trusts that they plan to destroy legacy data and documents related to resolved claims risks further damage to the integrity of a compensation system long marked by a lack of oversight and transparency, says Peter Kelso at Roux.
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How Calif., NY Could Fill Consumer Finance Regulatory Void
California and New York have historically taken the lead in consumer financial protection, and both show signs of becoming even more active in this area during the second Trump administration amid an enforcement pullback at the federal level, say attorneys at Sidley.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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5 Insurance Types For Mitigating Tariff-Related Trade Losses
The potential for significant trade-related losses as a result of increased tariffs may cause companies to consider which of their insurance policies, including marine, builders risk, trade credit, and directors and officers, could provide coverage to alleviate the financial impact, say attorneys at Pillsbury.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.